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Protecting business from raiding

Protecting business from raiding

General recommendations for protecting business from raiding, in particular during quarantineю

Prevention of interference in your business raiders:

  • bringing the statutory documents in line with the new legislation, and establishing “anti-raider” restrictions related to decision-making by the director and the general meeting of participants;
  • cancellation / restriction of the use of seals, to avoid consequences in case of its loss or forgery;
  • introduction of signing and endorsement of documents by using a digital signature, which will minimize risks. It will be more difficult or almost impossible to forge, unlike the physical analogue;
  • monitoring of open and partially open registers, for example, https://usr.minjust.gov.ua/ua/freesearch, or subscribe to your company in the Opendatabot service, which will allow you to receive instant notifications in case of changes in the company;
  • verification of information on real estate or property rights to land, which must be entered in the state register, current information can be found at https://online.minjust.gov.ua;
  • business structuring, corporate security, and compliance risk management in the company, which will significantly reduce the number of pressure levers in case of encroachment on your company;
  • physical protection of the enterprise, the business must be protected by a security structure, ready to react immediately and provide physical protection to the enterprise in case of an attempt to seize it.
  • information security and introduction of modern IT technologies of data protection;
  • seek the legal assistance of a professional lawyer or attorney, which will allow for early prevention and in case of intervention to take effective measures to protect your rights.

If the raiders intervened, where to go to appeal the registration?

Appeal to law enforcement agencies, you should without delay call a law enforcement representative and file a report of a crime.

Appeal to the Commission for consideration of complaints in the field of state registration, for faster renewal of their rights to business and real estate, as a rule, within 2-3 weeks promptly decides to cancel the illegal registration action (maximum term – 45 days) and renews legal rights of business and real estate owners.

* You should choose one of two types of appeal: either an appeal to the court or the Commission, as the existence of a lawsuit is a ground for refusing to consider the complaint by the Commission of the Ministry of Justice.

Going to court, you have the right to decide on the issue of raider seizure and restoration of their rights in court. In particular, to appeal agreements, registration actions in court, to seize assets within the framework of court proceedings, to establish a ban on certain actions, but such a procedure was quite long.

Report the seizure of the anti-raider headquarters, in order to protect agricultural enterprises from attempts by raider seizures of land or crops, the property of agricultural producers.

Reach out to the media to inform the public about the raider capture. Resonating the issue of a raider attack often helps in the fight, including informational, as well as in the subsequent return of lost assets.

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